Can a Mechanics PreLien be filed against a subdivision or does it have to be filed on each property?
Full Question:
Answer:
The following are NV statutes:
NRS 108.22172 “Property” defined. “Property” means the land, real property or mining claim of an owner for which a work of improvement was provided, including all buildings, improvements and fixtures thereon, and a convenient space on, around and about the same, or so much as may be required for the convenient use and occupation thereof.
(Added to NRS by 2003, 2589)
NRS 108.226 Perfection of lien: Time for recording notice of lien; contents of notice of lien; verification; penalty for certain false statements; form for notice of lien; notice of intent to lien required under certain circumstances.
1. To perfect his lien, a lien claimant must record his notice of lien in the office of the county recorder of the county where the property or some part thereof is located in the form provided in subsection 5:
(a) Within 90 days after the date on which the latest of the following occurs:
(1) The completion of the work of improvement;
(2) The last delivery of material or furnishing of equipment by the lien claimant for the work of improvement; or
(3) The last performance of work by the lien claimant for the work of improvement; or
(b) Within 40 days after the recording of a valid notice of completion, if the notice of completion is recorded and served in the manner required pursuant to NRS 108.228.
2. The notice of lien must contain:
(a) A statement of the lienable amount after deducting all just credits and offsets.
(b) The name of the owner if known.
(c) The name of the person by whom he was employed or to whom he furnished the material or equipment.
(d) A brief statement of the terms of payment of his contract.
(e) A description of the property to be charged with the notice of lien sufficient for identification.
3. The notice of lien must be verified by the oath of the lien claimant or some other person. The notice of lien need not be acknowledged to be recorded.
4. It is unlawful for a person knowingly to make a false statement in or relating to the recording of a notice of lien pursuant to the provisions of this section. A person who violates this subsection is guilty of a gross misdemeanor and shall be punished by a fine of not less than $5,000 nor more than $10,000.
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6. Except as otherwise provided in subsection 7, if a work of improvement involves the construction, alteration or repair of multifamily or single-family residences, including, without limitation, apartment houses, a lien claimant, except laborers, must serve a 15-day notice of intent to lien incorporating substantially the same information required in a notice of lien upon both the owner and the reputed prime contractor before recording a notice of lien. Service of the notice of intent to lien must be by personal delivery or certified mail and will extend the time for recording the notice of lien described in subsection 1 by 15 days. A notice of lien for materials or equipment furnished or to be furnished for work or services performed or to be performed, except labor, for a work of improvement involving the construction, alteration or repair of multifamily or single-family residences may not be perfected or enforced pursuant to NRS 108.221 to 108.246, inclusive, unless the 15-day notice of intent to lien has been given to the owner.
7. The provisions of subsection 6 do not apply to the construction of any nonresidential construction project.
(Added to NRS by 1965, 1160; A 1971, 367; 1995, 1507; 1997, 2692; 2003, 2597; 2005, 1898)
NRS 108.227 Service of copy of notice of lien.
1. In addition to the requirements of NRS 108.226, a copy of the notice of lien must be served upon the owner of the property within 30 days after recording the notice of lien, in one of the following ways:
(a) By personally delivering a copy of the notice of lien to the owner or resident agent of the owner;
(b) By mailing a copy of the notice of lien by certified mail return receipt requested to the owner at his place of residence or his usual place of business or to the resident agent of the owner at the address of the resident agent; or
(c) If the place of residence or business of the owner and the address of the resident agent of the owner, if applicable, cannot be determined, by:
(1) Fixing a copy of the notice of lien in a conspicuous place on the property;
(2) Delivering a copy of the notice of lien to a person there residing, if such a person can be found; and
(3) Mailing a copy of the notice of lien addressed to the owner at:
(I) The place where the property is located;
(II) The address of the owner as identified in the deed;
(III) The address identified in the records of the office of the county assessor; or
(IV) The address identified in the records of the county recorder of the county in which the property is located.
2. If there is more than one owner, failure to serve a copy of the notice of lien upon a particular owner does not invalidate a notice of lien if properly served upon another owner.
3. Each subcontractor who participates in the construction, improvement, alteration or repair of a work of improvement shall deliver a copy of each notice of lien required by NRS 108.226 to the prime contractor. The failure of a subcontractor to deliver the notice to the prime contractor is a ground for disciplinary proceedings pursuant to chapter 624 of NRS.
(Added to NRS by 1965, 1161; A 1969, 1099; 1987, 99; 2003, 2599)
NRS 108.2275 Frivolous or excessive notice of lien: Motion; hearing; conseque